Imam Sadiq UniversityGovah Legal Education2645-64004120180321General Rules on Contracts of Mandate in Imamiah Jurisprudence and Law of IranGeneral Rules on Contracts of Mandate in Imamiah Jurisprudence and Law of Iran528265110.30497/leg.2018.2651FAJavadSarKhoshFaculty Member of Al-Zahra UniversityMohammadJavadBasiratiPh.D. student of private law, Azad University of North TehranJournal Article20180409Article 954 of the civil code said: "all of voidable contracts are voided with the death of one of the parties, also, with the insanity (and psychosis), in valid cases''. The article describes one of reasons of termination of voidable contracts, namely death and disability. But, it seems that voidable contracts are not specified in this respect, since some of contracts are not included in the article, For example, mortgage contracts which is not dissolved and voided with the death of mortgagee and others basically move against the article and with the death of one of the parties turn to non-recourse and required contracts, e.g. donation contract in article 805: "after death of donor or recipient, the reference is not possible''. Therefore, it should be searched another reason.
We conclude in this article that the meaning of article 954, which is emanated from a jurisprudence principle namely "termination principle", is the termination of some voidable contracts that are contained permission and delegating, not all voidable contracts. Our guideline to reach to conclusion was that all correct instances of the article are in this group of voidable contracts, which so-called "voidable permission contracts". We believe that the continuous of permission is the reason of termination of voidable permission contracts by death or disability of one of the parties. So, in addition to the instance of ratification, which the permission and its competency are necessary in it, they are necessary in the duration of implementing contract and whenever they terminate, the contract is dissolved.
To prove this claim, we use the statements of famous jurists and great juristic and try to collect different claims of Shiite jurisprudence and Iran law and study and analyze them. It should be mentioned that in the way of better explanation of the claim, the definition of voidable contract, the criterions of classification of contracts to voidable and non-voidable, and explanation of different voidable contracts are studied at first and after that we study voidable contracts according to general rules and basic requirements about the validity of transactions contained in article 190 of the civil code. And finally, according to the research claim we study some cases of voidable permission contracts.Article 954 of the civil code said: "all of voidable contracts are voided with the death of one of the parties, also, with the insanity (and psychosis), in valid cases''. The article describes one of reasons of termination of voidable contracts, namely death and disability. But, it seems that voidable contracts are not specified in this respect, since some of contracts are not included in the article, For example, mortgage contracts which is not dissolved and voided with the death of mortgagee and others basically move against the article and with the death of one of the parties turn to non-recourse and required contracts, e.g. donation contract in article 805: "after death of donor or recipient, the reference is not possible''. Therefore, it should be searched another reason.
We conclude in this article that the meaning of article 954, which is emanated from a jurisprudence principle namely "termination principle", is the termination of some voidable contracts that are contained permission and delegating, not all voidable contracts. Our guideline to reach to conclusion was that all correct instances of the article are in this group of voidable contracts, which so-called "voidable permission contracts". We believe that the continuous of permission is the reason of termination of voidable permission contracts by death or disability of one of the parties. So, in addition to the instance of ratification, which the permission and its competency are necessary in it, they are necessary in the duration of implementing contract and whenever they terminate, the contract is dissolved.
To prove this claim, we use the statements of famous jurists and great juristic and try to collect different claims of Shiite jurisprudence and Iran law and study and analyze them. It should be mentioned that in the way of better explanation of the claim, the definition of voidable contract, the criterions of classification of contracts to voidable and non-voidable, and explanation of different voidable contracts are studied at first and after that we study voidable contracts according to general rules and basic requirements about the validity of transactions contained in article 190 of the civil code. And finally, according to the research claim we study some cases of voidable permission contracts.https://leg.isu.ac.ir/article_2651_148260a1ce4fe4907df4cd475c442e28.pdfImam Sadiq UniversityGovah Legal Education2645-64004120180321Termination clause and dissolving condition in jurisprudence and Iran lawTermination clause and dissolving condition in jurisprudence and Iran law2954265210.30497/leg.2018.2652FAJafarAsgariFaculty Member of Islamic Azad UniversityAliAkbarJafariPh.D. student of private law at the University of JurisprudeJournal Article20180419As contract construction has significant effects, its dissolution has important impression in right of parties. Dissolution causations -because of parties intention in it- divided to intentional dissolution and unintentional dissolution. Intentional dissolution occurs by one of the parties or third party intention in specific time which is called termination clause. The notion of unintentional dissolution is that a contract will be dissolved spontaneously and without interference of two parties intention. Whereas intention of one party or two parties does not have any effect on rescission in second group and consequently the dissolution happens unintentionally, causation of this coercive dissolution can be people's intention. This can happen when parties agree with probable dissolution of contract in future by their intention which is called dissolving condition. In this essay we try to pay attention to dissolving condition as one of unintentional dissolution causations and termination clause as one of intentional dissolution methods and in addition to comparison of these two terms in notion, circumstances, realms and effects, we want to emphasize on dissolving condition and to verify various facets of these terms; for instant the acceptability of dissolving condition in jurisprudence and Iran law can be verified, due to jurisprudence and law silence in this field.
Termination clause and dissolving condition in jurisprudence and Iran lawAs contract construction has significant effects, its dissolution has important impression in right of parties. Dissolution causations -because of parties intention in it- divided to intentional dissolution and unintentional dissolution. Intentional dissolution occurs by one of the parties or third party intention in specific time which is called termination clause. The notion of unintentional dissolution is that a contract will be dissolved spontaneously and without interference of two parties intention. Whereas intention of one party or two parties does not have any effect on rescission in second group and consequently the dissolution happens unintentionally, causation of this coercive dissolution can be people's intention. This can happen when parties agree with probable dissolution of contract in future by their intention which is called dissolving condition. In this essay we try to pay attention to dissolving condition as one of unintentional dissolution causations and termination clause as one of intentional dissolution methods and in addition to comparison of these two terms in notion, circumstances, realms and effects, we want to emphasize on dissolving condition and to verify various facets of these terms; for instant the acceptability of dissolving condition in jurisprudence and Iran law can be verified, due to jurisprudence and law silence in this field.
Termination clause and dissolving condition in jurisprudence and Iran lawhttps://leg.isu.ac.ir/article_2652_0c215f194276000be6a6df6528067151.pdfImam Sadiq UniversityGovah Legal Education2645-64004120180321Jurisprudential and legal Surveying of necessary provisions for the exemption of penalty for murder in bed and compare with new Islamic Punishment BillJurisprudential and legal Surveying of necessary provisions for the exemption of penalty for murder in bed and compare with new Islamic Punishment Bill5572265310.30497/leg.2018.2653FAAliGholamiMember of faculty of Imam Sadiq UniversityJournal Article20180425Wife murder is the matter in the article 630 of Islamic penal code and paragraph 4 of the article 302 of Islamic punishment new bill. It was discussed before Islamic revolution in article 179 of penal code and had exempted the husband from the murder, assault of the battery of the adulterer and adulteress.
About the necessary conditions for the realization of this exemption, some jurists prohibited the execution of the sentence and discussed about some problematic points. On the other side most of the Shiite and Sunni jurists believe in the adulterer and adulteress to death by the husband and a few permit the adulterer or adulteress death if they are married.
For explanation of the exemption provisions in the Article 630 of Islamic penal code we should refer to 28th point of Tahrirolvasileh book, where the specifically necessary conditions are detectable.
Amony these conditions are: the marriage between the criminal and the adulteress, the husbands observes that his wife has a sexual intercourse with a foreign man, a complete sexual intercourse, knowledge about the deference by the husband and wifes crime of adultery by her husband, if the husband's commitment of murder and battery are synchronic with the observation of adultery.Wife murder is the matter in the article 630 of Islamic penal code and paragraph 4 of the article 302 of Islamic punishment new bill. It was discussed before Islamic revolution in article 179 of penal code and had exempted the husband from the murder, assault of the battery of the adulterer and adulteress.
About the necessary conditions for the realization of this exemption, some jurists prohibited the execution of the sentence and discussed about some problematic points. On the other side most of the Shiite and Sunni jurists believe in the adulterer and adulteress to death by the husband and a few permit the adulterer or adulteress death if they are married.
For explanation of the exemption provisions in the Article 630 of Islamic penal code we should refer to 28th point of Tahrirolvasileh book, where the specifically necessary conditions are detectable.
Amony these conditions are: the marriage between the criminal and the adulteress, the husbands observes that his wife has a sexual intercourse with a foreign man, a complete sexual intercourse, knowledge about the deference by the husband and wifes crime of adultery by her husband, if the husband's commitment of murder and battery are synchronic with the observation of adultery.https://leg.isu.ac.ir/article_2653_217e342fc01668b10cb1188d40d3370e.pdfImam Sadiq UniversityGovah Legal Education2645-64004120180321Jurisprudential Bases for Absence of Father Execution in Islamic Penal CodeJurisprudential Bases for Absence of Father Execution in Islamic Penal Code7394265410.30497/leg.2018.2654FASalmanEmraniMember of faculty of Imam Sadiq UniversityHoseinHajiGhorbaniMaster of Criminal Law and CriminologyJournal Article20180603In the legal system of Iran, following the Islamic jurisprudence, father and paternal ancestors, will not be sentenced to death penalty (Qisas) due to intentional murder on their children and grandchildren. Extending this rule to mother and maternal grandfathers and grandmothers is impossible. In this case, The Iranian penal code, adopted in2013, has made some progress compared with the previous law such as non-monopoly article 301 in cases of murder and extend it to all theintentional crimes, clarify the rule of not having paternal relationship and the need to proveo therwise by criminalin Article 309, and also clarify the rule of not Inheriting nemesis by criminal in Article 357 of the law. On the other hand there are defects in the current law such asthe silence of the lawabout Permissibility or impermissibility demand retribution from the father of his childas the heir of the victimthatcomments jurists in this case is Impermissibility. Generally the current lawcompared with the former lawis in a better position and resolvedefects of the law inthe next reformwill add strength and certaintyof law.In the legal system of Iran, following the Islamic jurisprudence, father and paternal ancestors, will not be sentenced to death penalty (Qisas) due to intentional murder on their children and grandchildren. Extending this rule to mother and maternal grandfathers and grandmothers is impossible. In this case, The Iranian penal code, adopted in2013, has made some progress compared with the previous law such as non-monopoly article 301 in cases of murder and extend it to all theintentional crimes, clarify the rule of not having paternal relationship and the need to proveo therwise by criminalin Article 309, and also clarify the rule of not Inheriting nemesis by criminal in Article 357 of the law. On the other hand there are defects in the current law such asthe silence of the lawabout Permissibility or impermissibility demand retribution from the father of his childas the heir of the victimthatcomments jurists in this case is Impermissibility. Generally the current lawcompared with the former lawis in a better position and resolvedefects of the law inthe next reformwill add strength and certaintyof law.https://leg.isu.ac.ir/article_2654_7180cffd6a8e829dacfc2a31b3f72ece.pdfImam Sadiq UniversityGovah Legal Education2645-64004120180321Payment Liability of Commercial Papers' IssuerPayment Liability of Commercial Papers' Issuer95120265510.30497/leg.2018.2655FAAlirezaAlipanahFaculty Member of Shahid Beheshti UniversityHamidRezaHabibiMaster of Private LawJournal Article20180426The Promissory noteis one of the most commonly usedCommercial documents in Today's economythat make Liability to payment for its issuer. This Liability has some characteristics that distinguished it from civilengagement.
Of these characteristics, most notably, the independence of the liability arising from the issuance of promissory notes of commitment basis andsubsequently Unpredictable principle of Objections. So the direct effect of the issuance of promissory notesis the obligation to payment of the sum in its due date.This obligation to payment has Conditions and civiland criminalsanctions. Demand of sum by owner in the legal date and payment of sum in due date, and the amount and type of money that Stipulated in the note are some important conditions for payment of sum by issuer.
Sanctions of this commitme ntinclude: enforcement for payment, the possibility of imprisonment as well as compensation in case of refusal of non-paymentThe Promissory noteis one of the most commonly usedCommercial documents in Today's economythat make Liability to payment for its issuer. This Liability has some characteristics that distinguished it from civilengagement.
Of these characteristics, most notably, the independence of the liability arising from the issuance of promissory notes of commitment basis andsubsequently Unpredictable principle of Objections. So the direct effect of the issuance of promissory notesis the obligation to payment of the sum in its due date.This obligation to payment has Conditions and civiland criminalsanctions. Demand of sum by owner in the legal date and payment of sum in due date, and the amount and type of money that Stipulated in the note are some important conditions for payment of sum by issuer.
Sanctions of this commitme ntinclude: enforcement for payment, the possibility of imprisonment as well as compensation in case of refusal of non-paymenthttps://leg.isu.ac.ir/article_2655_e0688d13958a19e087e123148555e4b4.pdfImam Sadiq UniversityGovah Legal Education2645-64004120180321Jurisprudential and Legal Status for Absence of Sexual Reproduction Under Contract of MarriageJurisprudential and Legal Status for Absence of Sexual Reproduction Under Contract of Marriage121140265610.30497/leg.2018.2656FAMohammadRoshanFaculty Member of Shahid Beheshti UniversityMojtabaJahantighiMaster of Private LawJournal Article20180607With introduce the nature of marriage contract should determine that what requirement, purpose and substance of marriage are. Thereafter, with verifying that sexual reproduction is right or obligation, we can discuss about encompassing or not encompassing of lack of sexual reproduction condition under “The believersin their own terms” Legis. Marriage has direct nation in contract and indirect nation in coition and marriage’s purpose is tranquility of spouses. And sexual reproduction is just one of its results not its target. What is excluded and forbidden in “The believersin their own terms” cabbala is condition ofthe legalization or not mustahabb. this condition is contrary to quran and Tradition.Suchlegislationis not conditional on there quirement that the conditionis notcorrect. Accordingly, we can provide the marriage including temporary or permanent marriage to lack of sexual reproduction condition. And this condition hasn’t any contradiction with law-islamic and local-law.With introduce the nature of marriage contract should determine that what requirement, purpose and substance of marriage are. Thereafter, with verifying that sexual reproduction is right or obligation, we can discuss about encompassing or not encompassing of lack of sexual reproduction condition under “The believersin their own terms” Legis. Marriage has direct nation in contract and indirect nation in coition and marriage’s purpose is tranquility of spouses. And sexual reproduction is just one of its results not its target. What is excluded and forbidden in “The believersin their own terms” cabbala is condition ofthe legalization or not mustahabb. this condition is contrary to quran and Tradition.Suchlegislationis not conditional on there quirement that the conditionis notcorrect. Accordingly, we can provide the marriage including temporary or permanent marriage to lack of sexual reproduction condition. And this condition hasn’t any contradiction with law-islamic and local-law.https://leg.isu.ac.ir/article_2656_1680e9fa7b4dd5d62ece800239bb53bd.pdf